Minimalist legislative and judicial criminal policy in terms of: convergence or divergence

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

3 Assistant Professor, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

Abstract

The application of the principle of minimalism shows that in dealing with anomalies, criminalization is the last resort and the choice of punishment always requires full justification. By reflecting on the crimes of Hadi, we find that the criminalization of such crimes has been made in the law by following Islam. Criminalization in its nature has limitations and prohibitions, and in this prohibition, it indicates the freedom of citizens, which is reduced by using the principle of minimalism. In Hadi criminalization, God has used the method of referring to human nature and has sought to prevent the occurrence of these crimes for Hadi crimes. In this thesis, after examining the ideas related to the principle of minimalism and the origin of this principle in terms of limits and knowing the principles and elements of justification, we will look at the manifestations of the principle of minimalism in limits and Islamic principles aligned with the principle of minimalism in the limit punishment and the solutions to align the limits with the principle of application of minimalism. the payment.

Keywords

Political Sociology of Iran
Volume 1, Issue 4 - Serial Number 4
February 2018
Pages 406-450

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